SF 1054

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to juveniles; clarifying jurisdiction, 
  1.3             procedures, and dispositions; directing that rules be 
  1.4             adopted; providing for educational programs and 
  1.5             studies; requiring the state to pay the costs of 
  1.6             certain educational programs; establishing youth 
  1.7             service centers and pilot projects; providing 
  1.8             direction to courts for secure placement dispositions; 
  1.9             restricting out-of-state placements of juveniles; 
  1.10            authorizing secure treatment program administrators to 
  1.11            make certain decisions regarding juveniles; requiring 
  1.12            HIV testing of certain juveniles; appropriating money; 
  1.13            amending Minnesota Statutes 1994, sections 120.17, 
  1.14            subdivisions 5a, 6, and 7, and by adding a 
  1.15            subdivision; 120.181; 124.18, by adding a subdivision; 
  1.16            124.32, subdivision 6; 242.31, subdivision 1; 260.115, 
  1.17            subdivision 1; 260.125; 260.126, subdivision 5; 
  1.18            260.131, subdivision 4; 260.181, subdivision 4; 
  1.19            260.185, subdivision 6, and by adding subdivisions; 
  1.20            260.193, subdivision 4; 260.215, subdivision 1; 
  1.21            260.291, subdivision 1; 609.055, subdivision 2; 
  1.22            611A.19, subdivision 1; and 641.14; proposing coding 
  1.23            for new law in Minnesota Statutes, chapters 120; and 
  1.24            260; repealing Minnesota Statutes 1994, section 
  1.25            121.166. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 1994, section 120.17, 
  1.28  subdivision 5a, is amended to read: 
  1.29     Subd. 5a.  [SUMMER PROGRAMS.] A district may provide summer 
  1.30  programs for children with a disability living within the 
  1.31  district and nonresident children temporarily placed in the 
  1.32  district pursuant to subdivision 6 or 7 who are not enrolled in 
  1.33  a year-round educational program under section 120.1811.  Prior 
  1.34  to March 31 or 30 days after the child with a disability is 
  1.35  placed in the district, whichever is later, the providing 
  2.1   district shall give notice to the district of residence of any 
  2.2   nonresident children temporarily placed in the district pursuant 
  2.3   to subdivision 6 or 7, of its intention to provide these 
  2.4   programs.  Notwithstanding any contrary provisions in 
  2.5   subdivisions 6 and 7, the school district providing the special 
  2.6   instruction and services shall apply for special education aid 
  2.7   for the summer program.  The unreimbursed actual cost of 
  2.8   providing the program for nonresident children with a 
  2.9   disability, including the cost of board and lodging, may be 
  2.10  billed to the district of the child's residence and shall be 
  2.11  paid by the resident district.  Transportation costs shall be 
  2.12  paid by the district responsible for providing transportation 
  2.13  pursuant to subdivision 6 or 7 and transportation aid shall be 
  2.14  paid to that district. 
  2.15     Sec. 2.  Minnesota Statutes 1994, section 120.17, 
  2.16  subdivision 6, is amended to read: 
  2.17     Subd. 6.  [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.] 
  2.18  The responsibility for special instruction and services for a 
  2.19  child with a disability temporarily placed in another district 
  2.20  for care and treatment shall be determined in the following 
  2.21  manner: 
  2.22     (a) The school district of residence of a child shall be 
  2.23  the district in which the child's parent resides, if living, or 
  2.24  the child's guardian, or the district designated by the 
  2.25  commissioner of education if neither parent nor guardian is 
  2.26  living within the state. 
  2.27     (b) When a child is temporarily placed for care and 
  2.28  treatment in a day program located in another district and the 
  2.29  child continues to live within the district of residence during 
  2.30  the care and treatment, the district of residence is responsible 
  2.31  for providing transportation and an appropriate educational 
  2.32  program for the child.  The district may provide the educational 
  2.33  program at a school within the district of residence, at the 
  2.34  child's residence, or in the district in which the day treatment 
  2.35  center is located by paying tuition to that district. 
  2.36     (c) When a child is temporarily placed in a residential 
  3.1   program for care and treatment, the nonresident district in 
  3.2   which the child is placed is responsible for providing an 
  3.3   appropriate educational program for the child according to 
  3.4   section 120.1811, and necessary transportation within the 
  3.5   district while the child is attending the educational program; 
  3.6   and shall bill the district of the child's residence for the 
  3.7   actual cost of providing the program, as outlined in subdivision 
  3.8   4, except that the board, lodging, and treatment costs incurred 
  3.9   in behalf of a child with a disability placed outside of the 
  3.10  school district of residence by the commissioner of human 
  3.11  services or the commissioner of corrections or their agents, for 
  3.12  reasons other than for making provision for the child's special 
  3.13  educational needs shall not become the responsibility of either 
  3.14  the district providing the instruction or the district of the 
  3.15  child's residence.  The nonresident district shall be reimbursed 
  3.16  for the actual cost of providing the program in the following 
  3.17  manner: 
  3.18     (1) if the child is placed in the residential program 
  3.19  pursuant to a court order, the nonresident district shall bill 
  3.20  the state as outlined in section 124.32, subdivision 6; or 
  3.21     (2) if the child is placed in the residential program by 
  3.22  the district of residence for the purpose of meeting the child's 
  3.23  educational needs, or is placed in a foster home or a foster 
  3.24  group home, the nonresident district shall bill the district of 
  3.25  residence as outlined in subdivision 4. 
  3.26     (d) The district of residence shall pay tuition and other 
  3.27  program costs, not including transportation costs, to the 
  3.28  district providing the instruction and services.  The district 
  3.29  of residence may claim general education aid for the child as 
  3.30  provided by law.  Transportation costs shall be paid by the 
  3.31  district responsible for providing the transportation and the 
  3.32  state shall pay transportation aid to that district. 
  3.33     Sec. 3.  Minnesota Statutes 1994, section 120.17, is 
  3.34  amended by adding a subdivision to read: 
  3.35     Subd. 6a.  [COURT-ORDERED PLACEMENT WITHIN RESIDENT 
  3.36  DISTRICT.] When a child is temporarily placed in a residential 
  4.1   program located within the district of residence pursuant to a 
  4.2   court order, the resident district shall be reimbursed for the 
  4.3   excess cost of providing an appropriate educational program.  
  4.4   The resident district shall bill the state for any unreimbursed 
  4.5   costs according to section 124.32, subdivision 6. 
  4.6      Sec. 4.  Minnesota Statutes 1994, section 120.17, 
  4.7   subdivision 7, is amended to read: 
  4.8      Subd. 7.  [PLACEMENT IN STATE INSTITUTION; RESPONSIBILITY.] 
  4.9   Responsibility for special instruction and services for a child 
  4.10  with a disability placed in a state institution on a temporary 
  4.11  basis shall be determined in the following manner: 
  4.12     (a) The legal residence of such child shall be the school 
  4.13  district in which the child's parent resides, if living, or the 
  4.14  child's guardian.  
  4.15     (b) When The educational needs of such child can be met 
  4.16  through the institutional program, the costs for such 
  4.17  instruction shall be paid by the department to which the 
  4.18  institution is assigned.  
  4.19     (c) When it is determined that such child can benefit from 
  4.20  public school enrollment, provision for such instruction shall 
  4.21  be made in the following manner: 
  4.22     (1) determination of eligibility for special instruction 
  4.23  and services shall be made by the commissioner of education and 
  4.24  the commissioner of the department responsible for the 
  4.25  institution; 
  4.26     (2) the school district where the institution is located 
  4.27  shall be responsible for providing transportation and an 
  4.28  appropriate educational program for the child and shall make a 
  4.29  tuition charge to the child's district of residence state 
  4.30  according to section 124.32, subdivision 6, for the actual cost 
  4.31  of providing the program; and 
  4.32     (3) the district of the child's residence shall pay the 
  4.33  tuition and other program costs excluding transportation costs 
  4.34  and may claim general education aid for the child.  
  4.35  transportation costs shall be paid by the district where the 
  4.36  institution is located and the state shall pay transportation 
  5.1   aid to that district. 
  5.2      Sec. 5.  Minnesota Statutes 1994, section 120.181, is 
  5.3   amended to read: 
  5.4      120.181 [PLACEMENT OF NONHANDICAPPED; EDUCATION AND 
  5.5   TRANSPORTATION.] 
  5.6      The responsibility for providing instruction and 
  5.7   transportation for a pupil without a disability who has a 
  5.8   short-term or temporary physical or emotional illness or 
  5.9   disability, as determined by the standards of the state board, 
  5.10  and who is temporarily placed for care and treatment for that 
  5.11  illness or disability, shall be determined as provided in this 
  5.12  section.  
  5.13     (a) The school district of residence of the pupil shall be 
  5.14  the district in which the pupil's parent or guardian resides or 
  5.15  the district designated by the commissioner of education if 
  5.16  neither parent nor guardian is living within the state.  
  5.17     (b) Prior to the placement of a pupil for care and 
  5.18  treatment, the district of residence shall be notified and 
  5.19  provided an opportunity to participate in the placement 
  5.20  decision.  When an immediate emergency placement is necessary 
  5.21  and time does not permit resident district participation in the 
  5.22  placement decision, the district in which the pupil is 
  5.23  temporarily placed, if different from the district of residence, 
  5.24  shall notify the district of residence of the emergency 
  5.25  placement within 15 days of the placement.  
  5.26     (c) When a pupil without a disability is temporarily placed 
  5.27  for care and treatment in a day program and the pupil continues 
  5.28  to live within the district of residence during the care and 
  5.29  treatment, the district of residence shall provide instruction 
  5.30  and necessary transportation for the pupil.  The district may 
  5.31  provide the instruction at a school within the district of 
  5.32  residence, at the pupil's residence, or in the case of a 
  5.33  placement outside of the resident district, in the district in 
  5.34  which the day treatment program is located by paying tuition to 
  5.35  that district.  The district of placement may contract with a 
  5.36  facility to provide instruction by teachers licensed by the 
  6.1   state board of teaching.  
  6.2      (d) When a pupil without a disability is temporarily placed 
  6.3   in a residential program for care and treatment, the district in 
  6.4   which the pupil is placed shall provide instruction for the 
  6.5   pupil and necessary transportation within that district while 
  6.6   the pupil is receiving instruction, and in the case of a 
  6.7   placement outside of the district of residence, the nonresident 
  6.8   district shall bill the district of residence for the actual 
  6.9   cost of providing the instruction for the regular school year 
  6.10  and for summer school, excluding transportation costs.  When a 
  6.11  pupil is placed in a residential program pursuant to a court 
  6.12  order, the district in which the pupil is placed shall bill the 
  6.13  state according to section 124.18, subdivision 4, for the 
  6.14  unreimbursed cost of providing instruction.  When a pupil 
  6.15  without a disability is temporarily placed in a residential 
  6.16  program outside the district of residence, the administrator of 
  6.17  the court placing the pupil shall send timely written notice of 
  6.18  the placement to the district of residence.  The district of 
  6.19  placement may contract with a residential facility to provide 
  6.20  instruction by teachers licensed by the state board of teaching. 
  6.21     (e) The district of residence shall include the pupil in 
  6.22  its residence count of pupil units and pay tuition as provided 
  6.23  in section 124.18 to the district providing the 
  6.24  instruction unless the pupil is placed pursuant to a court order.
  6.25  When a pupil is placed pursuant to a court order, the 
  6.26  nonresident district shall include the pupil in its count of 
  6.27  resident pupil units and claim general education aid for the 
  6.28  pupil.  Transportation costs shall be paid by the district 
  6.29  providing the transportation and the state shall pay 
  6.30  transportation aid to that district.  For purposes of computing 
  6.31  state transportation aid, pupils governed by this subdivision 
  6.32  shall be included in the handicapped transportation category.  
  6.33     Sec. 6.  [120.1811] [EDUCATION PROGRAMS FOR STUDENTS IN 
  6.34  RESIDENTIAL TREATMENT FACILITIES.] 
  6.35     Subdivision 1.  [YEAR-ROUND SCHOOL REQUIRED.] Secure and 
  6.36  nonsecure residential treatment facilities licensed by the 
  7.1   department of human services or the department of corrections 
  7.2   shall provide year-round education programs for a minimum of 250 
  7.3   days during a calendar year to juveniles in their care who are 
  7.4   subject to section 120.101, subdivision 5.  Each facility shall 
  7.5   provide instruction for at least six hours per day throughout 
  7.6   the year, including during the summer months, for all students, 
  7.7   including students with disabilities.  Each facility shall 
  7.8   provide elementary, secondary, or vocational programs that are 
  7.9   consistent with state board of education standards and also 
  7.10  shall provide instruction designed to prepare students to pass 
  7.11  the GED test.  Special education services shall be provided as 
  7.12  required by a student's individual education plan. 
  7.13     Subd. 2.  [EDUCATIONAL SCREENING.] Each facility identified 
  7.14  in subdivision 1 shall screen each juvenile who is held in a 
  7.15  facility for at least 72 hours, excluding weekends or holidays, 
  7.16  using an educational screening tool identified by the department 
  7.17  of education, unless the facility determines that the juvenile 
  7.18  has a current individual education plan and obtains a copy of 
  7.19  the IEP.  The department of education shall develop or identify 
  7.20  an education screening tool for use in residential facilities.  
  7.21  The tool must include a life skills development component. 
  7.22     Subd. 3.  [RULEMAKING.] The state board of education may 
  7.23  make or amend rules relating to education programs in 
  7.24  residential treatment facilities, if necessary, to implement 
  7.25  this section.  Rules under this section shall be adopted jointly 
  7.26  with the commissioners of corrections and human services. 
  7.27     Sec. 7.  Minnesota Statutes 1994, section 124.18, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 4.  [STATE PAYMENT.] (a) The state shall reimburse a 
  7.30  nonresident district for the actual cost of providing 
  7.31  instruction required under section 120.181, excluding the cost 
  7.32  of transportation, to a nonresident pupil placed in a 
  7.33  residential treatment program pursuant to a court order.  The 
  7.34  state shall also pay to the nonresident district for capital 
  7.35  expenditures and debt service the greater of $10 or the average 
  7.36  expenditure for capital expenditures and debt service per pupil 
  8.1   unit in average daily membership in the district times the 
  8.2   number of nonresident pupil units.  The nonresident district may 
  8.3   claim general education aid for the pupil for the period the 
  8.4   nonresident district provides instruction.  The amount of 
  8.5   general education aid and any other aid earned on behalf of the 
  8.6   child shall be subtracted from the amount of the reimbursement.  
  8.7      (b) The state shall reimburse a resident district providing 
  8.8   services to a pupil placed in a residential program according to 
  8.9   section 120.181, pursuant to a court order.  The amount of the 
  8.10  state reimbursement shall equal the actual cost of providing 
  8.11  instruction minus the amount of general education revenue and 
  8.12  any other revenue received on behalf of the pupil. 
  8.13     (c) This subdivision does not apply to a child placed in a 
  8.14  foster home or a foster group home. 
  8.15     Sec. 8.  Minnesota Statutes 1994, section 124.32, 
  8.16  subdivision 6, is amended to read: 
  8.17     Subd. 6.  [FULL STATE PAYMENT.] (a) The state shall pay 
  8.18  each district the actual cost incurred in providing instruction 
  8.19  and services for a child with a disability whose district of 
  8.20  residence has been determined by section 120.17, subdivision 8a, 
  8.21  and who is temporarily placed in a state institution or a 
  8.22  licensed residential facility for care and treatment when the 
  8.23  child's district of residence has been determined by section 
  8.24  120.17, subdivision 8a, or where the state is required to 
  8.25  reimburse the district of placement under section 120.17, 
  8.26  subdivisions 6, 6a, and 7.  This section does not apply to a 
  8.27  child placed in a foster home or a foster group home. 
  8.28     (b) Upon following the procedure specified by the 
  8.29  commissioner of education, the district may bill the state the 
  8.30  actual cost incurred in providing the services 
  8.31  including transportation costs and a proportionate amount of 
  8.32  capital expenditures and debt service, minus the amount of the 
  8.33  basic revenue, as defined in section 124A.22, subdivision 2, of 
  8.34  the district for the child and the special education aid, 
  8.35  transportation aid, and any other aid earned on behalf of the 
  8.36  child.  The nonresident district providing instruction to a 
  9.1   child under section 120.17, subdivisions 6 and 7, may claim 
  9.2   general education aid for the child.  When a child's district of 
  9.3   residence has been determined by section 120.17, subdivision 8a, 
  9.4   the providing district may also bill the state for 
  9.5   transportation costs less any transportation aid earned on 
  9.6   behalf of the child.  The limit set forth in subdivision 4 shall 
  9.7   apply to aid paid pursuant to this subdivision.  
  9.8      (c) A resident district serving a child under section 
  9.9   120.17, subdivision 6a, may bill the state for the actual cost 
  9.10  of providing services, minus the amount of general education 
  9.11  revenue, special education revenue, transportation revenue, or 
  9.12  any other revenue earned on behalf of the child. 
  9.13     (d) To the extent possible, the commissioner shall obtain 
  9.14  reimbursement from another state for the cost of serving any 
  9.15  child whose parent or guardian resides in that state.  The 
  9.16  commissioner may contract with the appropriate authorities of 
  9.17  other states to effect reimbursement.  All money received from 
  9.18  other states shall be paid to the state treasury and placed in 
  9.19  the general fund.  
  9.20     Sec. 9.  Minnesota Statutes 1994, section 242.31, 
  9.21  subdivision 1, is amended to read: 
  9.22     Subdivision 1.  Whenever a person who has been committed to 
  9.23  the custody of the commissioner of corrections upon conviction 
  9.24  of a crime following certification to district court under the 
  9.25  provisions of section 260.125 is finally discharged by order of 
  9.26  the commissioner, that discharge shall restore the person to all 
  9.27  civil rights and, if so ordered by the commissioner of 
  9.28  corrections, also shall have the effect of setting aside the 
  9.29  conviction, nullifying it and purging the person of it.  The 
  9.30  commissioner shall file a copy of the order with the district 
  9.31  court of the county in which the conviction occurred; upon 
  9.32  receipt, the court shall order the conviction set aside.  An 
  9.33  order setting aside a conviction for a crime of violence as 
  9.34  defined in section 624.712, subdivision 5, must provide that the 
  9.35  person is not entitled to ship, transport, possess, or receive a 
  9.36  firearm until ten years have elapsed since the order was entered 
 10.1   and during that time the person was not convicted of any other 
 10.2   crime of violence.  A person whose conviction was set aside 
 10.3   under this section and who thereafter has received a relief of 
 10.4   disability under United States Code, title 18, section 925, 
 10.5   shall not be subject to the restrictions of this subdivision. 
 10.6      Sec. 10.  [260.042] [ORIENTATION AND EDUCATIONAL PROGRAM.] 
 10.7      The juvenile court shall make an orientation and 
 10.8   educational program available for juveniles and their families 
 10.9   in accordance with the program established, if any, by the 
 10.10  supreme court. 
 10.11     Sec. 11.  Minnesota Statutes 1994, section 260.115, 
 10.12  subdivision 1, is amended to read: 
 10.13     Subdivision 1.  [TRANSFERS REQUIRED.] Except where a 
 10.14  juvenile court has certified an alleged violation to district 
 10.15  court in accordance with the provisions of section 260.125, the 
 10.16  child is alleged to have committed murder in the first degree 
 10.17  after becoming 16 years of age, or a court has original 
 10.18  jurisdiction of a child who has committed an adult court traffic 
 10.19  offense, as defined in section 260.193, subdivision 1, clause 
 10.20  (c), a court other than a juvenile court shall immediately 
 10.21  transfer to the juvenile court of the county the case of a minor 
 10.22  who appears before the court on a charge of violating any state 
 10.23  or local law or ordinance and who is under 18 years of age or 
 10.24  who was under 18 years of age at the time of the commission of 
 10.25  the alleged offense. 
 10.26     Sec. 12.  Minnesota Statutes 1994, section 260.125, is 
 10.27  amended to read: 
 10.28     260.125 [CERTIFICATION TO DISTRICT COURT.] 
 10.29     Subdivision 1.  When a child is alleged to have committed, 
 10.30  after becoming 14 years of age, an offense that would be a 
 10.31  felony if committed by an adult, the juvenile court may enter an 
 10.32  order certifying the proceeding to the district court for action 
 10.33  under the criminal laws under the laws and court procedures 
 10.34  controlling adult criminal violations. 
 10.35     Subd. 2.  [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 
 10.36  provided in subdivision 3a or 3b, the juvenile court may order a 
 11.1   certification to district court only if:  
 11.2      (1) a petition has been filed in accordance with the 
 11.3   provisions of section 260.131; 
 11.4      (2) a motion for certification has been filed by the 
 11.5   prosecuting authority; 
 11.6      (3) notice has been given in accordance with the provisions 
 11.7   of sections 260.135 and 260.141; 
 11.8      (4) a hearing has been held in accordance with the 
 11.9   provisions of section 260.155 within 30 days of the filing of 
 11.10  the certification motion, unless good cause is shown by the 
 11.11  prosecution or the child as to why the hearing should not be 
 11.12  held within this period in which case the hearing shall be held 
 11.13  within 90 days of the filing of the motion; 
 11.14     (5) the court finds that there is probable cause, as 
 11.15  defined by the rules of criminal procedure promulgated pursuant 
 11.16  to section 480.059, to believe the child committed the offense 
 11.17  alleged by delinquency petition; and 
 11.18     (6) the court finds either: 
 11.19     (i) that the presumption of certification created by 
 11.20  subdivision 2a applies and the child has not rebutted the 
 11.21  presumption by clear and convincing evidence demonstrating that 
 11.22  retaining the proceeding in the juvenile court serves public 
 11.23  safety; or 
 11.24     (ii) that the presumption of certification does not apply 
 11.25  and the prosecuting authority has demonstrated by clear and 
 11.26  convincing evidence that retaining the proceeding in the 
 11.27  juvenile court does not serve public safety.  If the court finds 
 11.28  that the prosecutor has not demonstrated by clear and convincing 
 11.29  evidence that retaining the proceeding in juvenile court does 
 11.30  not serve public safety, the court shall retain the proceeding 
 11.31  in juvenile court. 
 11.32     Subd. 2a.  [PRESUMPTION OF CERTIFICATION.] It is presumed 
 11.33  that a proceeding involving an offense committed by a child will 
 11.34  be certified to district court if: 
 11.35     (1) the child was 16 or 17 years old at the time of the 
 11.36  offense; and 
 12.1      (2) the delinquency petition alleges that the child 
 12.2   committed an offense that would result in a presumptive 
 12.3   commitment to prison under the sentencing guidelines and 
 12.4   applicable statutes, or that the child committed any felony 
 12.5   offense while using, whether by brandishing, displaying, 
 12.6   threatening with, or otherwise employing, a firearm. 
 12.7   If the court determines that probable cause exists to believe 
 12.8   the child committed the alleged offense, the burden is on the 
 12.9   child to rebut this presumption by demonstrating by clear and 
 12.10  convincing evidence that retaining the proceeding in the 
 12.11  juvenile court serves public safety.  If the court finds that 
 12.12  the child has not rebutted the presumption by clear and 
 12.13  convincing evidence, the court shall certify the child to 
 12.14  district court proceeding. 
 12.15     Subd. 2b.  [PUBLIC SAFETY.] In determining whether the 
 12.16  public safety is served by certifying a child to district court 
 12.17  the matter, the court shall consider the following factors: 
 12.18     (1) the seriousness of the alleged offense in terms of 
 12.19  community protection, including the existence of any aggravating 
 12.20  factors recognized by the sentencing guidelines, the use of a 
 12.21  firearm, and the impact on any victim; 
 12.22     (2) the culpability of the child in committing the alleged 
 12.23  offense, including the level of the child's participation in 
 12.24  planning and carrying out the offense and the existence of any 
 12.25  mitigating factors recognized by the sentencing guidelines; 
 12.26     (3) the child's prior record of delinquency; 
 12.27     (4) the child's programming history, including the child's 
 12.28  past willingness to participate meaningfully in available 
 12.29  programming; 
 12.30     (5) the adequacy of the punishment or programming available 
 12.31  in the juvenile justice system; and 
 12.32     (6) the dispositional options available for the child. 
 12.33  In considering these factors, the court shall give greater 
 12.34  weight to the seriousness of the alleged offense and the child's 
 12.35  prior record of delinquency than to the other factors listed in 
 12.36  this subdivision. 
 13.1      Subd. 3a.  [PRIOR CERTIFICATION; EXCEPTION.] 
 13.2   Notwithstanding the provisions of subdivisions 2, 2a, and 2b, 
 13.3   the court shall order a certification in any felony case if the 
 13.4   prosecutor shows that the child has been previously prosecuted 
 13.5   on a felony charge by an order of certification issued pursuant 
 13.6   to either a hearing held under subdivision 2 or pursuant to the 
 13.7   waiver of the right to such a hearing, other than a prior 
 13.8   certification in the same case. 
 13.9      This subdivision only applies if the child is convicted of 
 13.10  the offense or offenses for which the child was prosecuted 
 13.11  pursuant to the order of certification or of a lesser-included 
 13.12  offense which is a felony.  
 13.13     This subdivision does not apply to juvenile offenders who 
 13.14  are subject to criminal court jurisdiction under section 609.055.
 13.15     Subd. 3b.  [ADULT CHARGED WITH JUVENILE OFFENSE.] The 
 13.16  juvenile court has jurisdiction to hold a certification hearing 
 13.17  on motion of the prosecuting authority to certify the matter to 
 13.18  district court if: 
 13.19     (1) an adult is alleged to have committed an offense before 
 13.20  the adult's 18th birthday; and 
 13.21     (2) a petition is filed under section 260.131 before 
 13.22  expiration of the time for filing under section 628.26. 
 13.23  The court may not certify the matter to district court under 
 13.24  this subdivision if the adult demonstrates that the delay was 
 13.25  purposefully caused by the state in order to gain an unfair 
 13.26  advantage. 
 13.27     Subd. 4.  [EFFECT OF ORDER.] When the juvenile court enters 
 13.28  an order certifying an alleged violation to district court, the 
 13.29  prosecuting authority shall proceed with the case as if the 
 13.30  jurisdiction of the juvenile court had never attached. 
 13.31     Subd. 5.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 13.32  decide whether to order certification to district court within 
 13.33  15 days after the certification hearing was completed, unless 
 13.34  additional time is needed, in which case the court may extend 
 13.35  the period up to another 15 days.  If the juvenile court orders 
 13.36  certification, and the presumption described in subdivision 2a 
 14.1   does not apply, the order shall contain in writing, findings of 
 14.2   fact and conclusions of law as to why public safety is not 
 14.3   served by retaining the proceeding in the juvenile court.  If 
 14.4   the juvenile court, after a hearing conducted pursuant to 
 14.5   subdivision 2, decides not to order certification to district 
 14.6   court, the decision shall contain, in writing, findings of fact 
 14.7   and conclusions of law as to why certification is not ordered.  
 14.8   If the juvenile court decides not to order certification in a 
 14.9   case in which the presumption described in subdivision 2a 
 14.10  applies, the court shall designate the proceeding an extended 
 14.11  jurisdiction juvenile prosecution and include in its decision 
 14.12  written findings of fact and conclusions of law as to why the 
 14.13  retention of the proceeding in juvenile court serves public 
 14.14  safety, with specific reference to the factors listed in 
 14.15  subdivision 2b.  If the court decides not to order certification 
 14.16  in a case in which the presumption described in subdivision 2a 
 14.17  does not apply, the court may designate the proceeding an 
 14.18  extended jurisdiction juvenile prosecution, pursuant to the 
 14.19  hearing process described in section 260.126, subdivision 2. 
 14.20     Subd. 6.  [FIRST-DEGREE MURDER.] When a motion for 
 14.21  certification has been filed in a case in which the petition 
 14.22  alleges that the child committed murder in the first degree, the 
 14.23  prosecuting authority shall present the case to the grand jury 
 14.24  for consideration of indictment under chapter 628 within 14 days 
 14.25  after the petition was filed. 
 14.26     Subd. 7.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
 14.27  section does not apply to a child excluded from the definition 
 14.28  of delinquent child under section 260.015, subdivision 5, 
 14.29  paragraph (b). 
 14.30     Sec. 13.  Minnesota Statutes 1994, section 260.126, 
 14.31  subdivision 5, is amended to read: 
 14.32     Subd. 5.  [EXECUTION OF ADULT SENTENCE.] When it appears 
 14.33  that a person convicted as an extended jurisdiction juvenile has 
 14.34  violated the conditions of the stayed sentence, or is alleged to 
 14.35  have committed a new offense, the court may, without notice, 
 14.36  revoke the stay and probation and direct that the offender be 
 15.1   taken into immediate custody.  The court shall notify the 
 15.2   offender in writing of the reasons alleged to exist for 
 15.3   revocation of the stay of execution of the adult sentence.  If 
 15.4   the offender challenges the reasons, the court shall hold a 
 15.5   summary hearing on the issue at which the offender is entitled 
 15.6   to be heard and represented by counsel.  After the hearing, if 
 15.7   the court finds that reasons exist to revoke the stay of 
 15.8   execution of sentence, the court shall treat the offender as an 
 15.9   adult and order any of the adult sanctions authorized by section 
 15.10  609.14, subdivision 3.  If the offender was convicted of an 
 15.11  offense described in subdivision 1, clause (2), and the court 
 15.12  finds that reasons exist to revoke the stay, the court must 
 15.13  order execution of the previously imposed sentence unless the 
 15.14  court makes written findings regarding the mitigating factors 
 15.15  that justify continuing the stay.  Upon revocation, the 
 15.16  offender's extended jurisdiction status is terminated and 
 15.17  juvenile court jurisdiction is terminated.  The ongoing 
 15.18  jurisdiction for any adult sanction, other than commitment to 
 15.19  the commissioner of corrections, is with the adult court. 
 15.20     Sec. 14.  Minnesota Statutes 1994, section 260.131, 
 15.21  subdivision 4, is amended to read: 
 15.22     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 15.23  JUVENILE.] When a prosecutor files a delinquency petition 
 15.24  alleging that a child committed a felony offense for which there 
 15.25  is a presumptive commitment to prison according to the 
 15.26  sentencing guidelines and applicable statutes or in which the 
 15.27  child used a firearm, after reaching the age of 16 years, the 
 15.28  prosecutor shall indicate in the petition whether the prosecutor 
 15.29  designates the proceeding an extended jurisdiction juvenile 
 15.30  prosecution.  When a prosecutor files a delinquency petition 
 15.31  alleging that a child aged 14 to 17 years committed a felony 
 15.32  offense, the prosecutor may request that the court designate the 
 15.33  proceeding an extended jurisdiction juvenile prosecution. 
 15.34     Sec. 15.  Minnesota Statutes 1994, section 260.181, 
 15.35  subdivision 4, is amended to read: 
 15.36     Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
 16.1   dismiss the petition or otherwise terminate its jurisdiction on 
 16.2   its own motion or on the motion or petition of any interested 
 16.3   party at any time.  Unless terminated by the court, and except 
 16.4   as otherwise provided in this subdivision, the jurisdiction of 
 16.5   the court shall continue until the individual becomes 19 years 
 16.6   of age if the court determines it is in the best interest of the 
 16.7   individual to do so.  Court jurisdiction under section 260.015, 
 16.8   subdivision 2a, clause (12), may not continue past the child's 
 16.9   17th birthday.  
 16.10     (b) The jurisdiction of the court over an extended 
 16.11  jurisdiction juvenile, with respect to the offense for which the 
 16.12  individual was convicted as an extended jurisdiction juvenile, 
 16.13  extends until the offender becomes 21 years of age, unless the 
 16.14  court terminates jurisdiction before that date.  
 16.15     (c) The juvenile court has jurisdiction to designate the 
 16.16  proceeding an extended jurisdiction juvenile prosecution, to 
 16.17  hold a certification hearing, or to conduct a trial, receive a 
 16.18  plea, or impose a disposition under section 260.126, subdivision 
 16.19  4, if: 
 16.20     (1) an adult is alleged to have committed an offense before 
 16.21  the adult's 18th birthday; and 
 16.22     (2) a petition is filed under section 260.131 before 
 16.23  expiration of the time for filing under section 628.26 and 
 16.24  before the adult's 21st birthday. 
 16.25  The juvenile court lacks jurisdiction under this paragraph if 
 16.26  the adult demonstrates that the delay was purposefully caused by 
 16.27  the state in order to gain an unfair advantage. 
 16.28     (d) The district court has original and exclusive 
 16.29  jurisdiction over a proceeding: 
 16.30     (1) that involves an adult who is alleged to have committed 
 16.31  an offense before the adult's 18th birthday; and 
 16.32     (2) in which a criminal complaint is filed before 
 16.33  expiration of the time for filing under section 628.26 and after 
 16.34  the adult's 21st birthday. 
 16.35     The juvenile court retains jurisdiction if the adult 
 16.36  demonstrates that the delay in filing a criminal complaint was 
 17.1   purposefully caused by the state in order to gain an unfair 
 17.2   advantage. 
 17.3      (e) The juvenile court has jurisdiction over a person who 
 17.4   has been adjudicated delinquent until the person's 21st birthday 
 17.5   if the person fails to appear at any juvenile court hearing or 
 17.6   fails to appear at or absconds from any placement under a 
 17.7   juvenile court order.  The juvenile court has jurisdiction over 
 17.8   a convicted extended jurisdiction juvenile who fails to appear 
 17.9   at any juvenile court hearing or fails to appear at or absconds 
 17.10  from any placement under section 260.126, subdivision 4.  The 
 17.11  juvenile court lacks jurisdiction under this paragraph if the 
 17.12  adult demonstrates that the delay was purposefully caused by the 
 17.13  state in order to gain an unfair advantage. 
 17.14     Sec. 16.  Minnesota Statutes 1994, section 260.185, is 
 17.15  amended by adding a subdivision to read: 
 17.16     Subd. 1b.  [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 
 17.17  TRANSFERS.] An adjudicated juvenile may not be placed in a 
 17.18  licensed juvenile secure treatment facility unless the placement 
 17.19  is approved by the juvenile court.  However, the program 
 17.20  administrator may determine the juvenile's length of stay in the 
 17.21  secure portion of the facility.  The administrator shall notify 
 17.22  the court of any movement of juveniles from secure portions of 
 17.23  facilities.  However, the court may, in its discretion, order 
 17.24  that the juveniles be moved back to secure portions of the 
 17.25  facility. 
 17.26     Sec. 17.  Minnesota Statutes 1994, section 260.185, is 
 17.27  amended by adding a subdivision to read: 
 17.28     Subd. 1c.  [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 
 17.29  REQUIREMENTS.] Prior to a postadjudication placement of a 
 17.30  juvenile in a secure treatment facility either inside or outside 
 17.31  the state, the court may: 
 17.32     (1) consider whether the juvenile has been adjudicated for 
 17.33  a felony offense against the person or that in addition to the 
 17.34  current adjudication, the juvenile has failed to appear in court 
 17.35  on one or more occasions or has run away from home on one or 
 17.36  more occasions; 
 18.1      (2) conduct a subjective assessment to determine whether 
 18.2   the child is a danger to self or others or would abscond from a 
 18.3   nonsecure facility or if the child's health or welfare would be 
 18.4   endangered if not placed in a secure facility; 
 18.5      (3) conduct a culturally appropriate psychological 
 18.6   evaluation which includes a functional assessment of anger and 
 18.7   abuse issues; and 
 18.8      (4) conduct an educational and physical assessment of the 
 18.9   juvenile. 
 18.10     In determining whether to order secure placement, the court 
 18.11  shall consider the necessity of: 
 18.12     (1) protecting the public; 
 18.13     (2) protecting program residents and staff; and 
 18.14     (3) preventing juveniles with histories of absconding from 
 18.15  leaving treatment programs. 
 18.16     Sec. 18.  Minnesota Statutes 1994, section 260.185, 
 18.17  subdivision 6, is amended to read: 
 18.18     Subd. 6.  [OUT-OF-STATE PLACEMENTS.] (a) Prior to August 1, 
 18.19  1997, a court may not place a preadjudicated delinquent, an 
 18.20  adjudicated delinquent, or a convicted extended jurisdiction 
 18.21  juvenile in a residential or detention facility outside 
 18.22  Minnesota unless the commissioner of corrections has certified 
 18.23  that the facility: 
 18.24     (1) meets or exceeds the standards for Minnesota 
 18.25  residential treatment programs set forth in rules adopted by the 
 18.26  commissioner of human services and the standards for juvenile 
 18.27  residential facilities set forth in rules adopted by the 
 18.28  commissioner of corrections or the standards for juvenile 
 18.29  detention facilities set forth in rules adopted by the 
 18.30  commissioner of corrections; and 
 18.31     (2) provides education, health, dental, and other necessary 
 18.32  care equivalent to that which the child would receive if placed 
 18.33  in a Minnesota facility licensed by the commissioner of 
 18.34  corrections or commissioner of human services. 
 18.35     (b) After August 1, 1997, a court may not place a 
 18.36  preadjudicated delinquent, an adjudicated delinquent, or a 
 19.1   convicted extended jurisdiction juvenile in a residential or 
 19.2   detention facility outside Minnesota unless the court determines 
 19.3   that the specialized programmatic needs of the juvenile are not 
 19.4   available in a facility within Minnesota and the out-of-state 
 19.5   facility has been certified by the commissioner of corrections 
 19.6   under paragraph (a), clauses (1) and (2).  For purposes of this 
 19.7   subdivision, "specialized programmatic needs" does not include 
 19.8   concerns about security. 
 19.9      (c) The interagency licensing agreement between the 
 19.10  commissioners of corrections and human services shall be used to 
 19.11  determine which rule shall be used for certification purposes 
 19.12  under this subdivision. 
 19.13     (c) (d) The commissioner of corrections may charge each 
 19.14  facility evaluated a reasonable amount.  Money received is 
 19.15  annually appropriated to the commissioner of corrections to 
 19.16  defray the costs of the certification program. 
 19.17     Sec. 19.  Minnesota Statutes 1994, section 260.193, 
 19.18  subdivision 4, is amended to read: 
 19.19     Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 19.20  juvenile court shall have original jurisdiction if the child is 
 19.21  alleged to have committed both major and adult court traffic 
 19.22  offenses in the same behavioral incident over: 
 19.23     (1) all juveniles age 15 and under alleged to have 
 19.24  committed any traffic offense; and 
 19.25     (2) 16- and 17-year-olds alleged to have committed any 
 19.26  major traffic offense, except that the adult court has original 
 19.27  jurisdiction over: 
 19.28     (i) petty traffic misdemeanors not a part of the same 
 19.29  behavioral incident of a misdemeanor being handled in juvenile 
 19.30  court; and 
 19.31     (ii) violations of sections 169.121 (drivers under the 
 19.32  influence of alcohol or controlled substance) and 169.129 
 19.33  (aggravated driving while intoxicated), and any other 
 19.34  misdemeanor or gross misdemeanor level traffic violations 
 19.35  committed as part of the same behavioral incident of a violation 
 19.36  of section 169.121 or 169.129. 
 20.1      Sec. 20.  Minnesota Statutes 1994, section 260.215, 
 20.2   subdivision 1, is amended to read: 
 20.3      Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
 20.4   violation of a state or local law or ordinance by a child before 
 20.5   becoming 18 years of age is not a crime unless the juvenile 
 20.6   court: 
 20.7      (1) certifies the matter to the district court in 
 20.8   accordance with the provisions of section 260.125; 
 20.9      (2) transfers the matter to a court in accordance with the 
 20.10  provisions of section 260.193; or 
 20.11     (3) convicts the child as an extended jurisdiction juvenile 
 20.12  and subsequently executes the adult sentence under section 
 20.13  260.126, subdivision 5. 
 20.14     Sec. 21.  Minnesota Statutes 1994, section 260.291, 
 20.15  subdivision 1, is amended to read: 
 20.16     Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
 20.17  (a) An appeal may be taken by the aggrieved person from a final 
 20.18  order of the juvenile court affecting a substantial right of the 
 20.19  aggrieved person, including but not limited to an order 
 20.20  adjudging a child to be in need of protection or services, 
 20.21  neglected and in foster care, delinquent, or a juvenile traffic 
 20.22  offender.  The appeal shall be taken within 30 days of the 
 20.23  filing of the appealable order.  The court administrator shall 
 20.24  notify the person having legal custody of the minor of the 
 20.25  appeal.  Failure to notify the person having legal custody of 
 20.26  the minor shall not affect the jurisdiction of the appellate 
 20.27  court.  The order of the juvenile court shall stand, pending the 
 20.28  determination of the appeal, but the reviewing court may in its 
 20.29  discretion and upon application stay the order. 
 20.30     (b) An appeal may be taken by an aggrieved person from an 
 20.31  order of the juvenile court on the issue of certification of a 
 20.32  child to district court matter for prosecution under the laws 
 20.33  and court procedures controlling adult criminal violations.  
 20.34  Certification appeals shall be expedited as provided by 
 20.35  applicable rules. 
 20.36     Sec. 22.  Minnesota Statutes 1994, section 609.055, 
 21.1   subdivision 2, is amended to read: 
 21.2      Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 21.3   provided in paragraph (b), children of the age of 14 years or 
 21.4   over but under 18 years may be prosecuted for a felony offense 
 21.5   if the alleged violation is duly certified to the district court 
 21.6   for prosecution under the laws and court procedures controlling 
 21.7   adult criminal violations or may be designated an extended 
 21.8   jurisdiction juvenile in accordance with the provisions of 
 21.9   chapter 260.  A child who is 16 years of age or older but under 
 21.10  18 years of age is capable of committing a crime and may be 
 21.11  prosecuted for a felony if: 
 21.12     (1) the child has been previously certified to the district 
 21.13  court on a felony charge pursuant to a hearing under section 
 21.14  260.125, subdivision 2, or pursuant to the waiver of the right 
 21.15  to such a hearing, or prosecuted pursuant to this subdivision; 
 21.16  and 
 21.17     (2) the child was convicted of the felony offense or 
 21.18  offenses for which the child was prosecuted or of a lesser 
 21.19  included felony offense. 
 21.20     (b) A child who is alleged to have committed murder in the 
 21.21  first degree after becoming 16 years of age is capable of 
 21.22  committing a crime and may be prosecuted for the felony.  This 
 21.23  paragraph does not apply to a child alleged to have committed 
 21.24  attempted murder in the first degree after becoming 16 years of 
 21.25  age. 
 21.26     Sec. 23.  Minnesota Statutes 1994, section 611A.19, 
 21.27  subdivision 1, is amended to read: 
 21.28     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) The 
 21.29  sentencing court may shall issue an order requiring a person, 
 21.30  including adjudicated juveniles, convicted of a violent crime, 
 21.31  as defined in section 609.152, or a juvenile adjudicated 
 21.32  delinquent for violating section 609.342, 609.343, 609.344, or 
 21.33  609.345, to submit to testing to determine the presence of human 
 21.34  immunodeficiency virus (HIV) antibody if:  
 21.35     (1) the prosecutor moves for the test order in camera; 
 21.36     (2) the victim requests the test; and or 
 22.1      (3) evidence exists that the broken skin or mucous membrane 
 22.2   of the victim was exposed to or had contact with the offender's 
 22.3   semen or blood during commission of the crime in a manner which 
 22.4   has been demonstrated epidemiologically to transmit the HIV 
 22.5   virus.  
 22.6      (b) If the court grants the prosecutor's motion, the court 
 22.7   shall order that the test be performed by an appropriate health 
 22.8   professional who is trained to provide the counseling described 
 22.9   in section 144.763, and that no reference to the test, the 
 22.10  motion requesting the test, the test order, or the test results 
 22.11  may appear in the criminal record or be maintained in any record 
 22.12  of the court or court services.  
 22.13     Sec. 24.  Minnesota Statutes 1994, section 641.14, is 
 22.14  amended to read: 
 22.15     641.14 [JAILS; SEPARATION OF PRISONERS.] 
 22.16     The sheriff of each county is responsible for the operation 
 22.17  and condition of the jail.  If construction of the jail permits, 
 22.18  the sheriff shall maintain strict separation of prisoners to the 
 22.19  extent that separation is consistent with prisoners' security, 
 22.20  safety, health, and welfare.  The sheriff shall not keep in the 
 22.21  same room or section of the jail: 
 22.22     (1) a minor under 18 years old and a prisoner who is 18 
 22.23  years old or older, unless: 
 22.24     (i) the minor has been committed to the commissioner of 
 22.25  corrections under section 609.105 or; 
 22.26     (ii) the minor has been referred for adult prosecution and 
 22.27  the prosecuting authority has filed a notice of intent to 
 22.28  prosecute the matter for which the minor is being held under 
 22.29  section 260.125; or 
 22.30     (iii) the minor is 16 or 17 years old and has been indicted 
 22.31  for murder in the first degree; and 
 22.32     (2) a female prisoner and a male prisoner; and 
 22.33     (3) a minor under 18 years old and an extended jurisdiction 
 22.34  juvenile 18 years old or older who is alleged to have violated 
 22.35  the conditions of the stay of execution. 
 22.36     Sec. 25.  [AMENDMENTS TO RULES DIRECTED.] 
 23.1      The commissioners of corrections and human services shall 
 23.2   jointly amend their licensing rules to: 
 23.3      (1) allow residential facilities to admit 18- and 
 23.4   19-year-old extended jurisdiction juveniles; 
 23.5      (2) require licensed facilities to develop policies and 
 23.6   procedures for appropriate programming and housing separation of 
 23.7   residents according to age; and 
 23.8      (3) allow the commissioners the authority to approve the 
 23.9   policies and procedures authorized by clause (2) for the 
 23.10  facilities over which they have licensing authority. 
 23.11     Sec. 26.  [COMMISSIONERS TO ADOPT RULES REGARDING SECURE 
 23.12  TREATMENT FACILITIES.] 
 23.13     The commissioners of corrections and human services shall 
 23.14  jointly adopt licensing rules requiring all facilities to 
 23.15  develop operating policies and procedures for the continued use 
 23.16  of secure treatment placement.  These policies and procedures 
 23.17  must include timelines for the review of individual cases to 
 23.18  determine the continuing need for secure placement and criteria 
 23.19  for movement of juveniles to less restrictive parts of the 
 23.20  facilities. 
 23.21     Sec. 27.  [EDUCATIONAL PROGRAM FOR JUVENILE COURT PROCESS.] 
 23.22     The supreme court is requested to establish, by January 1, 
 23.23  1997, an educational program explaining the juvenile court 
 23.24  system for use in juvenile courts under Minnesota Statutes, 
 23.25  section 260.042. 
 23.26     Sec. 28.  [JUVENILE FEMALE OFFENDERS.] 
 23.27     The commissioner of corrections shall collaborate with the 
 23.28  commissioners of human services, health, economic security, 
 23.29  planning, education, and public safety and with representatives 
 23.30  of the private sector to develop a comprehensive continuum of 
 23.31  care to address the gender-specific needs of juvenile female 
 23.32  offenders. 
 23.33     Sec. 29.  [SECURE AND NONSECURE RESIDENTIAL TREATMENT 
 23.34  FACILITIES.] 
 23.35     Subdivision 1.  [RULES REQUIRED; COMMITTEE 
 23.36  ESTABLISHED.] The commissioners of corrections and human 
 24.1   services shall jointly adopt licensing and programming rules for 
 24.2   the secure and nonsecure residential treatment facilities that 
 24.3   they license and shall establish an advisory committee to 
 24.4   develop these rules.  The committee shall develop consistent 
 24.5   general licensing requirements for juvenile residential care, 
 24.6   enabling facilities to provide appropriate services to juveniles 
 24.7   with single or multiple problems.  The rules shall establish 
 24.8   program standards with an independent auditing process by July 
 24.9   1997. 
 24.10     Subd. 2.  [STANDARDS.] The standards to be developed in the 
 24.11  rules must require: 
 24.12     (1) standards for the management of the program including: 
 24.13     (i) a board of directors or advisory committee for each 
 24.14  facility which represents the interests, concerns, and needs of 
 24.15  the clients and community being served; 
 24.16     (ii) appropriate grievance and appeal procedures for 
 24.17  clients and families; and 
 24.18     (iii) use of an ongoing internal program evaluation and 
 24.19  quality assurance effort at each facility to monitor program 
 24.20  effectiveness and guide the improvement of services provided, 
 24.21  evaluate client and family satisfaction with each facilities' 
 24.22  services, and collect demographic information on clients served 
 24.23  and outcome measures relative to the success of services; and 
 24.24     (2) standards for programming including: 
 24.25     (i) specific identifiable criteria for admission and 
 24.26  discharge; 
 24.27     (ii) written measurable goals for each client; 
 24.28     (iii) development of a no-eject policy by which youths are 
 24.29  discharged based on successful completion of individual goals 
 24.30  and not automatically discharged for behavioral transgressions; 
 24.31     (iv) individual plans for transitional services that 
 24.32  involve youths, their families, and community resources to 
 24.33  accomplish community integration and family reunification where 
 24.34  appropriate; 
 24.35     (v) cultural sensitivity, including the provision of 
 24.36  interpreters and English language skill development to meet the 
 25.1   needs of the facilities' population; 
 25.2      (vi) use of staff who reflect the ethnicity of the clients 
 25.3   served, wherever possible; 
 25.4      (vii) provision of staff training in cultural sensitivity 
 25.5   and disability awareness; 
 25.6      (viii) capability to respond to persons with disabilities; 
 25.7   and 
 25.8      (ix) uniform education programs consistent with Minnesota 
 25.9   Statutes, section 120.1811; and 
 25.10     (3) a program audit procedure which requires regular 
 25.11  unbiased program audits and reviews to determine if the 
 25.12  facilities continue to meet the standards established in statute 
 25.13  and rule and the needs of the clients and community. 
 25.14     Subd. 3.  [MEMBERSHIP.] The commissioners of corrections 
 25.15  and human services or their designee shall serve as co-chairs of 
 25.16  the rulemaking committee.  The co-chairs shall invite 
 25.17  individuals who have demonstrated experience in the juvenile 
 25.18  justice field to serve on the committee; including, but not 
 25.19  limited to, representatives or designees of the departments of 
 25.20  corrections, human services, and education, the private sector, 
 25.21  and other juvenile facility stakeholders.  The commissioners 
 25.22  shall ensure that family members of juveniles, representatives 
 25.23  of communities of color, and members of advocacy groups serve on 
 25.24  the rulemaking committee and shall schedule committee meetings 
 25.25  at times and places that ensure representation by these 
 25.26  individuals. 
 25.27     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
 25.28  committee shall submit draft rule parts which address the 
 25.29  program standards, evaluation, and auditing standards and 
 25.30  procedures to the legislative audit commission.  The commission 
 25.31  is requested to direct the legislative auditor to review the 
 25.32  draft rule parts to determine whether the parts are consistent 
 25.33  with sound policy. 
 25.34     By February 15, 1997, the legislative auditor is requested 
 25.35  to report on its review to both the legislature and the 
 25.36  rulemaking committee.  By April 1, 1997, the rulemaking 
 26.1   committee shall provide a report to the legislature on the 
 26.2   status of the rulemaking process including steps it will take to 
 26.3   address any concerns raised in the legislative auditor's 
 26.4   review.  By July 31, 1997, the licensing and programming 
 26.5   rulemaking process shall be completed. 
 26.6      Subd. 5.  [LICENSING.] The commissioners of corrections and 
 26.7   human services may not license facilities that fail to meet 
 26.8   programming standards after they are adopted. 
 26.9      Sec. 30.  [STUDY OF SECURE TREATMENT FACILITIES.] 
 26.10     The commissioner of corrections, in consultation with the 
 26.11  commissioner of human services, shall conduct a study on the use 
 26.12  of secure treatment facilities for juveniles in the state and 
 26.13  shall submit a written report to the governor and the 
 26.14  legislature by January 1, 1997.  The report must contain the 
 26.15  commissioners' findings, along with demographic data and 
 26.16  recommendations concerning the use of admission criteria. 
 26.17     Sec. 31.  [COMMISSIONER OF CORRECTIONS; GRANTS TO COUNTIES 
 26.18  FOR JUVENILE PROGRAMMING.] 
 26.19     The commissioner of corrections shall provide grants to 
 26.20  counties to provide a comprehensive continuum of care to 
 26.21  juveniles convicted as extended jurisdiction juveniles and under 
 26.22  the county's jurisdiction. 
 26.23     Counties may apply to the commissioner for grants in a 
 26.24  manner specified by the commissioner but must identify the 
 26.25  following in writing: 
 26.26     (1) the amount of money currently being spent by the county 
 26.27  for juvenile programming; 
 26.28     (2) what gaps currently exist in providing a comprehensive 
 26.29  continuum of care to juveniles within the county; 
 26.30     (3) what specific steps will be taken and what specific 
 26.31  changes will be made to existing programming to reduce the 
 26.32  juvenile reoffense rate; and 
 26.33     (4) what new programming will be provided to fill the gaps 
 26.34  identified in clause (2) and how it will lower the juvenile 
 26.35  reoffense rate. 
 26.36     For purposes of this section, a comprehensive continuum of 
 27.1   care may include: 
 27.2      (1) primary prevention programs or services that promote 
 27.3   health and social well-being and the development of nurturing 
 27.4   support systems; 
 27.5      (2) secondary prevention programs or services that minimize 
 27.6   the effect of characteristics which identify individuals as 
 27.7   members of high-risk groups; 
 27.8      (3) tertiary prevention programs or services that are 
 27.9   provided after violence or antisocial conduct has occurred and 
 27.10  which are designed to prevent its recurrence; 
 27.11     (4) programs or services that are treatment focused and 
 27.12  offer an opportunity for rehabilitation; 
 27.13     (5) punishment of juveniles, as provided by applicable law; 
 27.14  and 
 27.15     (6) transition programs or services designed to reintegrate 
 27.16  juveniles discharged from residential programs into the 
 27.17  community. 
 27.18     Sec. 32.  [PLAN FOR TRACKING JUVENILE REOFFENSE RATE; 
 27.19  REPORT.] 
 27.20     The criminal and juvenile justice information policy group, 
 27.21  in cooperation with the supreme court, the commissioner of 
 27.22  corrections, and the superintendent of the bureau of criminal 
 27.23  apprehension, shall develop a plan for obtaining and compiling 
 27.24  the names of juvenile offenders and for tracking and reporting 
 27.25  juvenile reoffense rates.  This plan must examine the initial 
 27.26  analysis and design work done by the supreme court under Laws 
 27.27  1994, chapter 576, section 67, subdivision 8, to determine a 
 27.28  timetable for implementing the plan and whether additional 
 27.29  technology will be necessary.  By January 1, 1996, the criminal 
 27.30  and juvenile justice information policy group shall report to 
 27.31  the legislature on the plan. 
 27.32     Sec. 33.  [APPROPRIATIONS.] 
 27.33     Subdivision 1.  [GENERAL.] The appropriations contained in 
 27.34  this section are from the general fund and are for the fiscal 
 27.35  biennium ending June 30, 1997. 
 27.36     Subd. 2.  [SUPREME COURT.] $....... is appropriated to the 
 28.1   supreme court to develop the educational program under sections 
 28.2   10 and 27. 
 28.3      Subd. 3.  [CORRECTIONS.] $....... is appropriated to the 
 28.4   commissioner of corrections to implement section 28. 
 28.5      $....... is appropriated to the commissioner of corrections 
 28.6   to implement section 31. 
 28.7      Subd. 4.  [CORRECTIONS AND HUMAN SERVICES.] $....... is 
 28.8   appropriated to the commissioners of corrections and human 
 28.9   services to adopt the rules and administer the advisory 
 28.10  committee described in section 28. 
 28.11     $....... is appropriated to the commissioners of 
 28.12  corrections and human services to conduct the study on the use 
 28.13  of secure treatment facilities for juveniles directed in section 
 28.14  30. 
 28.15     Subd. 5.  [EDUCATION AND HUMAN SERVICES.] $....... is 
 28.16  appropriated to the commissioners of education and human 
 28.17  services for grants to family services collaboratives and mental 
 28.18  health collaboratives to establish youth service center pilot 
 28.19  projects for juveniles under the jurisdiction of the juvenile 
 28.20  court.  The centers may provide medical, educational, 
 28.21  job-related, mental health, social services, and programs.  Six 
 28.22  pilot projects shall be developed with at least four located in 
 28.23  the metropolitan area.  A written report, detailing the impact 
 28.24  of the projects, shall be presented to the legislature by 
 28.25  January 1, 1997. 
 28.26     Subd. 6.  [EDUCATION.] $....... is appropriated to the 
 28.27  commissioner of education for reimbursements to school districts 
 28.28  for the cost of instruction and services according to sections 7 
 28.29  and 8. 
 28.30     Subd. 7.  [ECONOMIC SECURITY.] $....... is appropriated to 
 28.31  the commissioner of economic security for the establishment of 
 28.32  additional pilot projects pursuant to Laws 1994, chapter 576, 
 28.33  section 65.  The commissioner shall fund ....... projects. 
 28.34     Sec. 34.  [REPEALER.] 
 28.35     Minnesota Statutes 1994, section 121.166, is repealed. 
 28.36     Sec. 35.  [EFFECTIVE DATE.] 
 29.1      Sections 1 to 9, 11 to 24, 31, 33, and 34 are effective 
 29.2   July 1, 1995.  Sections 19, 25 to 30, and 32 are effective the 
 29.3   day following final enactment.